How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Family Law Question Here...
Harris is online now
Family Law
This answer was rated:

My daughter is the sole owner of a mortgage free house. she

my daughter is the sole... Show More
my daughter is the sole owner of a mortgage free house. she will shortly be marrying the man she has lived with in the house for about eight years.
she has no will or prenup. how does she protect her asset?
Show Less
Ask Your Own Family Law Question

Hi, thank you for your question. Just a bit more information required to fully assist you:

-When are they planning to marry?

-Do they have any children, if so how old?

-What other assets do they both have?

Customer reply replied 1 year ago.
they are marrying on 24th july - just 4 days away!
she has a 14 year old son from a previous marriage
she has two daughters aged 5 and 6 with her partner soon to be husband
Customer reply replied 1 year ago.
the 14 year old son lives and will continue to live in the house
Customer reply replied 1 year ago.
missed the bit about other assets. they have no other assets.
Customer reply replied 1 year ago.
I will shortly be going out for a few hours.

Thank you for confirming. I am afraid that they have a very short time frame before the marriage. She should have considered entering into a pre-nuptial agreement which sets out how assets and finances should be settled in the event of the divorce. However, it is usual that once the pre-nuptial agreement is finalised that there is adequate time for both of them to reflect on the agreement prior to the marriage - which should usually be at least a few months.

In the circumstances she can consider entering into a post-nuptial agreement after the marriage, which is similar to a pre-nuptial agreement but takes place after the marriage.

You should also be aware that under current English law, a pre and post-nuptial agreement is not always 100% binding and the court has the power to ignore such agreement in the event of the divorce if the needs of children or both parties are not met at the time of the divorce.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.